Response to Do I settle or fight on ? (Eversheds/Grabby)

I also see think that lenders will see small sums paid as settlement as a sign that the borrower has reached an agreement. A court would take the view that bank X has agreed to settle for X instead of the amount they are claiming. By not accepting this figure a court may then take the view that the offer was a good one and you had the chance to pay it, by not doing so and then having bank X chase you for more, their claim could be a good one (even though we know it wouldn't be) and may make an order for you to pay. I had a similar experience over the last few days when I ordered a camera for the g/f from dabs.com. The camera wasn't delivered twice. I threatened them with breach of contract. They (after a number of phone calls and emails) then agreed to provide me with a more expensive camera at the same price as the one I ordered providing that was the end of the matter. If I hadn't accepted they it would have gone to court and they could have relied on the fact that they made a reasonable (in their eyes) offer to settle the dispute and I refused. A judge (imho) would have taken their view at this stage and I may have ended up with just my money back and no goods. I also believe that the banks will want something back, no matter how little the amount is as they need to save face as well. Whilst we may all agree that they are all a complete bunch of bastards and that we dispute the amounts they are claiming, as others here have agreed, it's a personal thing and it can stop a lot of headaches for you. In my case I settled and two months later bought a new home. If there was no chance of me getting a new mortgage so quickly there is no way I would have settled. I think that you guys are doing a great job and are causing problems for these banks, this is great however you need to sort your own problems out as well as everybody else's (if that makes sense). You need to see courts and counsel working to see what I mean. They bargain for the best settlements, they rarely get a claim set aside, they rarely get all the claim that they want as well. My final point is the emotional side of these disputes. We don't know what this is really doing to some people. If they are offered a small settlement figure, who are we to say to them to continue in the hope that the debt will be quashed. They may be getting pressure from husbands/wives (new and old) to settle so that they can have a normal (for want of a better word) life. I would always say settle if you are happy to do so, screw the bastards if you are not. Seeing a £45000 shortfall claim reduced to a few thousand doesn't half make you feel good. You feel like you've won and that is the big bonus! All the best, Terry

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